DNR's Policy-Setting Board Approve Changes to Policy that Aims to Protect Health of State's Waterways

Tuesday, October 3rd, 2023 -- 9:01 AM

(By Danielle Kaeding, Wisconsin Public Radio) The policy-setting board for the Wisconsin Department of Natural Resources unanimously approved changes Wednesday to a policy that aims to protect the health of waterways, despite concerns from industry and municipal groups.

The Wisconsin Department of Natural Resources changed its antidegradation policy for surface waters under a new rule. The policy oversees discharges from large livestock farms, industrial and municipal facilities under wastewater permits.

Adrian Stocks, the agency’s water quality bureau director, told the Natural Resources Board on Wednesday the new changes will affect when facilities plan new or increased releases of pollutants into rivers, lakes and streams.

"This is an important rule for protecting our water quality and preserving the condition that it’s in right now," Stocks said. The changes are being made to bring the state in line with requirements enacted by the U.S. Environmental Protection Agency in 2015. As part of that, the changes limit who may be able to go through a streamlined review process.

That means the DNR could only approve a new or increased discharge that would significantly lower water quality when a review of alternatives shows it’s necessary to support important social or economic development. It would also require permit holders to obtain treatment to reduce negative effects to water quality.

The state’s largest business lobby Wisconsin Manufacturers and Commerce, or WMC, had previously threatened legal action against the DNR if it didn’t address concerns over the cost of the changes.

The group was among a coalition of industry and farm groups that argued the changes would cost nearly $56.7 million for businesses and taxpayers to comply in the first two years. Under the REINS Act, agency regulations require legislative approval if they cost more than $10 million over any two-year period.

The DNR made adjustments to clarify that large farms known as concentrated animal feeding operations, or CAFOs, already meet antidegradation policy requirements. The agency also specified that low-cost options for pollution reduction will be prioritized under the changes, and it addressed concerns about expenses related to project delays.

Feel free to contact us with questions and/or comments.